Illinois takes steps to stop doctors who sexually abuse patients

Rudy Bermudez was so upset when his fellow members on the Medical Board of California restored the license of a doctor convicted of sexually abusing a patient that when Bermudez was later elected to the state Assembly he penned legislation to revoke the license automatically of every doctor with a sex-crime conviction.

As Illinois policymakers begin crafting better ways to stop sexual misconduct by physicians in this state, Bermudez says they should consider his law, which has permanently stripped the licenses of sex-offending doctors across California.

"Patients are in the most vulnerable positions when examined by physicians," said Bermudez, who left the California legislature in 2006. "To have a sex offender practice medicine — to be able to put their hands on people like that — was just unacceptable."

Calls for reform in Illinois follow a Tribune series that found sex-offending doctors can face little or no discipline in Illinois. The system is plagued with problems at every level — from investigating well-founded allegations to implementing sanctions.

The Tribune series also found:

•Under Illinois law, a sex-crime conviction does not trigger an automatic or permanent revocation of a doctor's license. In some cases, such doctors lost their license for several years. One doctor convicted of sexual abuse of a patient was never disciplined by state regulators in any way.

•Because sex crimes can be difficult to prosecute, doctors are sometimes convicted of misdemeanor battery. Regulators place these doctors, as well as physicians found guilty of sexual misconduct without a criminal conviction, on an overburdened professional probation program that does little to prevent them from reoffending.

•Law enforcement officials and state regulators are not required to inform each other of patient complaints against doctors. It often takes multiple allegations before they take action.

•This year, Illinois stopped providing the public with detailed histories of the state's doctors, including whether the doctor was convicted of a crime, fired by a hospital or forced to make a medical malpractice payment within the last five years. The state's medical lobby has fiercely opposed these profiles.

State Rep. Mary Flowers, D-Chicago, with the support of House Speaker Michael Madigan, plans to call a bill on Tuesday that would resurrect public access to the physician profiles.

State Sen. Kirk Dillard, R-Hinsdale, said he plans to strengthen legislation that he recently introduced. It would make health care workers whose licenses are revoked because of sex-crime convictions unable to reapply for the license for at least five years, but it does not require that the license be revoked in the first place.

State Rep. Jack Franks, D-Marengo, has introduced legislation that would mandate revocation in the cases of doctors convicted of sexual assault or battery of a patient, and not just those involving felonies.

Lisa Madigan's office, meanwhile, is crafting legislation that would require law enforcement officials and state regulators to share patient complaints against doctors, while contemplating other possible changes.

"The Tribune investigation has shown there needs to be a comprehensive overhaul of how these cases are handled, both administratively and criminally," said Cara Smith, Madigan's deputy chief of staff. "It needs to be turned on its head at all levels."

California and Minnesota are among states with tighter restrictions.

At the Illinois Department of Financial and Professional Regulation, three probation agents monitor nearly 7,500 state license-holders who committed violations ranging from substance abuse to sexual abuse. Disciplined doctors fall under the same supervision system as sanctioned locksmiths and cosmetologists.

In California and Minnesota, regulators monitor dangerous doctors separately from other professionals. At the Medical Board of California, 15 probation officials each manage a caseload of 25 to 50 physicians.

In Minnesota, it is a felony for doctors to have sexual contact with patients to whom they provide emotional or psychological care. Consent is not a defense. Judges have sent doctors to prison for having sex with patients in the name of therapy.

And, like California, Minnesota law requires revoking the licenses of doctors convicted of sex crimes. The revocation is permanent.

"The response in this state has been quite positive," said Ruth Martinez, a supervisor at the Minnesota Board of Medical Practice. "People really appreciated that this was the kind of action that protected the public and upheld the integrity of the medical profession."